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HomeMy WebLinkAbout2001-02-16 Planning and Zoning Board Minutes • SUMMARY MINUTES CITY OF DANIA BEACH PLANNING AND ZONING BOARD Wednesday, February 16, 2000 7:30 P.M. 1. Roll Call Present: Staff: Bob Adams Laurence Leeds, AICP - Growth Management Director Paul Fetscher Thomas Ansbro—City Attorney Jason Dubow Lou Ann Cunningham — Board Clerk Victor Lohmann Excused Absence— Richard Seay 2. Approval of Agenda - Motion made by Bob Adams to hear the agenda in following order: item 6, 7, 9, 4 and 5, seconded by Jason Dubow. Motion passed unanimously. Motion made by Jason Dubow to continue item 8 to the next regular Planning and Zoning Board Meeting on March 15, 2000, seconded by Paul Fetscher. Motion passed unanimously. ADMINISTRATIVE BUSINESS 3. Minutes—Approval of minutes of the January 26, 1999 rescheduled regular meeting. Motion to approve the minutes as presented made by Bob Adams, seconded by Jason Dubow. Motion passed unanimously. Chairman Lohmann asked all persons wishing to be heard tonight to stand, and to be sworn in by the clerk collectively. OLD BUSINESS 6. SA-82-99 — Sign adjustment request by Thomas Cimaglia/Carousel Antiques for property located at 48 South Federal Highway from Chapter 28, Zoning, Article 28, Signs. 28.160. Downtown Dania Beach Redevelopment District sign regulations. Mr. Cimaglia would like to request that the 3 existing window (neon) signs be allowed to remain. Laurence Leeds, AICP, Director, Growth Management Department addressed the Board describing the sign adjustment. Mr. Leeds stated that the code does not make a distinction between window signs and neon window signs, they are all lumped together under generic requirements. Mr. Leeds stated that these types of signs are prohibited under the new sign code and recommends denial. Tom Cimaglia, petitioner addressed the Board asking them to reconsider. Mr. Leeds stated the code does not provide specific regulations on neon signs. Mr. Leeds recommendation is strictly due to the code and not on how the sign looks. Planning and Zoning Board 1 February 16, 2000 MINUTES The chairman opened the item for public comment. Hearing and seeing no one, the chairman closed the public hearing. Motion made by Jason Dubow to vacate previous recommendation on this item SA-82-99, due to the clerk verifying that proper notification was not given to the applicant, seconded by Paul Fetscher. Motion passed unanimously. Mr. Cimaglia agreed to change the wording on the door window regarding St. Vincent De Paul customers. Paul Fetscher spoke in favor of Mr. Cimaglia's signs and building. Bob Adams would like the petitioner to remove the small wooden sign on the US1 frontage and maintain the neon sign. Motion made by Bob Adams to approve SA-82-99 with the condition that the small wooden sign on the US1 frontage is removed, seconded by Paul Fetscher. Motion to approve passed on the following roll call: Bob Adams - yes Paul Fetscher - yes Jason Dubow - yes Victor Lohmann - yes NEW BUSINESS 7. SA-101A/B-99 — Sign adjustment requests by Ronald P. and Carol D. Grampa, Grampa's Real Estate Inc., for two properties, the first located at 17 SW 1st Street also known as "Grampa's Bakery and Restaurant" and the second located at 64 South Federal Highway, known as "Dania Beach Florist", from Chapter 28, Zoning, Article 28, Signs. Laurence Leeds, Director, Growth Management Dept. described the sign adjustment request by Grampa's Bakery. Mr. Leeds concluded his summation by recommending denial of the request. Mr. Leeds then described the request by Dania Beach Florist. Mr. Leeds concluded his summation by recommending denial, due to the code prohibiting these types of sign and suggested a monument sign. The Chairman opened the item for public comment. Carol Grampa, petitioner, addressed the Board stating that her business has been there for 42 years and permits were pulled when the current signs were installed. They need their signs to attract business due to location. Ms. Grampa concluded by asking the Board to let her keep the signs. Tommy Grimes, Manager of Grampa's Bakery spoke in favor of the sign adjustment. Bob Fronek, petitioner, Dania Beach Florist spoke in favor of the sign adjustment. Hearing and seeing no one further, the chairman closed the public hearing. Attorney Ansbro stated that roof signs and painted wall signs are prohibited and are not susceptible to seeking a sign adjustment or variance. The petitioner would need to ask the Commission for a text change to that part of the sign ordinance. Attorney Ansbro concluded by stating that these signs must be removed and only monument signs are allowed. Planning and Zoning Board 2 February 16,2000 MINUTES • • Chairman Lohmann questioned staff, if the applicant changed the pole sign to a monument, would it meet setback requirements in its current location. Mr. Leeds read the setback requirements and indicated, it is possible a variance would be needed. Paul Fetscher disclosed that his daughter works part-time at Grampa's Restaurant. Attorney Ansbro stated that this is an advisory board and that there is not conflict of interest. Upon passing the gavel, motion made by Victor Lohmann to instruct the City Manager to advise the Code Enforcement Board to take more tolerant look at paper public service flyers in store windows, seconded by Paul Fetscher. Motion failed on the following roll call: Bob Adams - no Paul Fetscher - yes Jason Dubow - no Victor Lohmann - yes Motion made by Bob Adams to create a simple exempt category regarding public announcement signs, seconded by Victor Lohmann. Motion passed on the following roll call: Bob Adams - yes Paul Fetscher - yes Jason Dubow - no Victor Lohmann - yes There was Board discussion on making recommendations on a prohibited sign. If the sign is moved down to the mansard it would not be considered a roof sign. A variance would have to be granted to permit the square footage of that sign. Board discussion followed, on the traffic safety hazard on replacing the pole sign with a monument sign. Motion made by Jason Dubow to deny item 1 of SA-101A-99 roof sign, seconded by Bob Adams. Motion to deny passed on the following roll call: Bob Adams - yes Paul Fetscher - no Jason Dubow - yes Victor Lohmann - yes Motion made by Bob Adams to deny item 2 of SA-101 A-99 painted wall sign, seconded by Jason Dubow. Motion to deny passed on the following roll call: Bob Adams - yes Paul Fetscher - no Jason Dubow - yes Victor Lohmann - yes Motion made by Jason Dubow to approve item 3 of SA-101A-99 yellow wall sign, seconded by Paul Fetscher. Motion to approve passed on the following roll call: Bob Adams - yes Paul Fetscher - yes Jason Dubow - yes Victor Lohmann - yes Board discussion on the size of the current signs. Motion made by Jason Dubow to continue SA-101 B-99 to next regular Planning and Zoning Board meeting based on having no photos of the property and in the future no sign adjustment application be accepted without photographs, seconded by Paul Fetscher. Applicant to submit photos to staff. Motion to continue passed on the following roll call: Planning and Zoning Board 3 February 16,2000 MINUTES Bob Adams - yes Paul Fetscher - yes Jason Dubow - yes Victor Lohmann - yes 9. LUF-108-99 - Request by Shelly Eichner of Calvin Giordano and Associates, representing The Shamrock of Broward, LTD., for a small scale land use plan amendment (approx. 2.6091 acres) located east of Southeast 5th Avenue, from Commercial to Low Medium High Density 25 Residential, utilizing 65 flexibility units from Flex Zone 84. RZ-109-99 - Request by Shelly Eichner of Calvin Giordano and Associates, representing The Shamrock of Broward, LTD., to rezone an approx. 2.6091 acre parcel located east of Southeast 5th Avenue from Commercial to the proposed R-M(3) zoning district. Laurence Leeds, Director, Growth Management Dept. described for the board the proposed rezoning and land use change. Mr. Leeds described the use and allocations of flex units. The applicant is requesting the approval of 65 flex units, which would leave approximately 122 flex units available in the Flex Zone 84. Mr. Leeds recommends denial of the use of flex units and have the applicant apply for a Broward County Land Use Amendment at a density that would be appropriate. Mr. Leeds recommended 16 units per acre instead of the 25 units per acre that has been requested. The applicant is proposing to build three 5 story buildings. The submitted concept plan does not provide sufficient pervious area or parking. Shelly Eichner, of Calvin Giordano and Associates representing the applicant addressed the Board summarizing the request. Ms. Eichner presented the Board with a modified site plan, which reflects three 4 story buildings that meet all city codes. Her client is ready to build and the entire process with the County would take approximately 2 years. The Board suggested using only 44 flex units, which would be 21 units per acre. The Chairman opened the item for public comment. Carlos Shuman, Managing Director for Shamrock of Broward spoke in support and described the project for the Board. Mrs. Shuman spoke in support of this project, stating that this a family business and they take pride in their work. Bob Adams stated that he would not support this project unless using the flex units as a last resort for the applicant. Jason Dubow stated that he does support using the flex units. Paul Fetscher feels that if the surrounding property was able to use flex units then so should the applicant be able to use them. Mr. Shuman stated that it would not be economically feasible to have 21 units per acre. The units would be condominiums retailing from $129,000 to $149,000 for 1300 sq. ft. of living space. They already have 17 units under deposit. Chairman Lohmann stated that he is opposed the using flex units first before trying a land use change through the county and cannot support this project. Motion made by Jason Dubow to approve LUF-78-99, seconded by Paul Fetscher. Motion failed on the following roll call: Bob Adams - no Paul Fetscher - yes Jason Dubow - yes Victor Lohmann - no Planning and Zoning Board 4 February 16, 2000 MINUTES • 0 Motion made by Jason Dubow to approve RZ-79-99, seconded by Paul Fetscher. Motion passed on the following roll call: Bob Adams - yes Paul Fetscher - yes Jason Dubow - yes Victor Lohmann - yes Motion to vacate the rezoning vote made by Jason Dubow, seconded by Bob Adams. Motion passed unanimously. Motion made by Jason Dubow to approve RZ-79-99, seconded by Paul Fetscher. Motion passed on the following roll call: Bob Adams - no Paul Fetscher - yes Jason Dubow - yes Victor Lohmann - yes Note: The Board supports the Rezoning, but disagree on the use of the flex units (split decision) and would like the petitioner to apply for a Broward County Land Use Amendment. 4. The City of Dania Beach proposes to adopt and discuss an ordinance which will establish an R-M (3) Multi-Family Residential Zoning District (up to 25 dwelling units per gross acre) in the City of Dania Beach. Two Public hearings will be held on the proposed ordinance as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO CHAPTER 28, ZONING, PROVIDING FOR THE AMENDMENT OF SECTION 3.10 BY ADDING THE R-M(3) MULTIFAMILY RESIDENTIAL DISTRICT TO THE LIST OF ESTABLISHED DISTRICTS; FURTHER ESTABLISHING USE REGULATIONS AND SITE DEVELOPMENT REGULATIONS FOR SUCH DISTRICT; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. Laurence Leeds, Director, Growth Management Department addressed the Board stating that the Commission approved Land Use and Rezoning for the Sheridan 400 and 600 in excess of 16 units per acre. The City does not now have a zoning district that reflects that land use. The R-M(3) will allow development in those two parcels and possibly others up to 25 units per acre and it implements the land use plan. In order to process the plans for what have been approved the new zoning district is needed. The R-M(3) will be the same as the R-M(2) in terms of parking, setbacks, lot coverage, green area and landscaping, the only difference being that R-M(3) allows up to 25 units per acre instead of 16 as in the R-M(2). Mr. Leeds concluded his summation stating that he supports the ordinance. There is no public present to be heard on this matter. Motion made by Bob Adams to approve the creation of a R-M(3) Zoning District, seconded by Jason Dubow. Motion passed on the following roll call: Bob Adams - yes Paul Fetscher - yes Jason Dubow - yes Victor Lohmann - yes Planning and Zoning Board 5 February 16, 2000 MINUTES 5. The City of Dania Beach proposes to adopt or discuss an ordinance amending the zoning code by amending the notice requirements for city initiated rezonings. AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA. AMENDING CHAPTER 28, ZONING, ARTCILE 11.10. TO PROVIDE NOTICE REQUIREMENTS FOR CITY INITIATED REZONINGS: PROVIDING FOR CONFLICTS: FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Mr. Leeds passed out a copy of the notice that was sent out to 165 properties owners notifying them that the City is changing the zoning on their properties from County zoning to City zoning. There will be a special meeting next Wednesday, February 23 at 7:30 p.m. The City does not currently have a separate process for City initiated zoning amendments that involve more than 10 acres. Mr. Leeds stated without this amendment additional time will be required before the moratorium can be lifted. Mr. Leeds concluded his summation by recommending approval. The chairman opened the item for public comment, hearing and seeing no one the chairman closed the public hearing. Motion made by Bob Adams to approve amending the notice requirements for city initiated rezoning, seconded by Jason Dubow. Motion passed on the following roll call: Bob Adams - yes Paul Fetscher - yes Jason Dubow - yes Victor Lohmann - yes Adjournment 8. SA-102-99 — Sign adjustment request by Jay Kodner, Kodner Galleries, Inc., for property located at 45 South Federal Highway from Chapter 28, Zoning, Article 28, Signs. (Applicant has requested continuance) ......................................................................................................................................................................................................................................................................................................................................................... ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE PLANNING AND ZONING BOARD AND CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS is MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT SHERYL CHAPMAN, 100 W. DANIA BEACH BLVD, DANIA BEACH, FL 33004, (954) 924-3630,AT LEAST 72 HOURS PRIOR TO MEETING. I Planning and Zoning Board 6 February 16, 2000 MINUTES